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British Citizenship for my young Children

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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crochia
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British Citizenship for my young Children

Post by crochia » Thu Jul 22, 2021 9:14 am

Morning,

I am asking for advice on whether my 2 kids qualify to apply for British Citizenship. They are 10 (born 2010) and 13 (born 2007). Preferable to Visas.

My wife and I both have our British Passports. We live in South Africa and are planning to move to the UK in the next year or two. Dependant on Covid19 restrictions & sporadic violence in our area, which is still continuing from last week.

I was born 1974 in SA and recently got my British Citizenship via UKM application. My Grandfather was born in the UK and my Mother was born in SA.

My wife was born in 1976 in SA too. Her Mother was born in London. But my wife was registered at the British consulate in SA before she was 1 year old (in 1977) and has had a British Passport ever since, along with a British Birth certificate that her Mom used to take her over to England for a few months.

So both my kids have British Citizen parents and British Citizen Grandparents. From what I have read I am British by descent. But having been registered so young I think my wifes situation might be different.

If they do qualify, then do I use the MN1 application?

If they do not qualify, which Visa do we apply for to take them over? Child Visa / Dependant Visa / Ancestral Visa / or ILR...etc.

Any advice will be appreciated.
Thanks

secret.simon
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Joined: Thu Feb 21, 2013 9:29 pm

Re: British Citizenship for my young Children

Post by secret.simon » Thu Jul 22, 2021 6:03 pm

Has your wife resided in the UK for at least three consecutive years before the birth of the children?
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

crochia
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Re: British Citizenship for my young Children

Post by crochia » Fri Jul 23, 2021 5:42 am

Unfortunately not. She has only been in and out on multiple visits with family & holidays, but has never stayed for a long time.

secret.simon
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Posts: 10975
Joined: Thu Feb 21, 2013 9:29 pm

Re: British Citizenship for my young Children

Post by secret.simon » Fri Jul 23, 2021 7:28 am

crochia wrote:
Fri Jul 23, 2021 5:42 am
Unfortunately not. She has only been in and out on multiple visits with family & holidays, but has never stayed for a long time.
Then there is no direct pathway to British citizenship for your children.

You can apply for family settlement visas for your children and move to the UK. As both parents are British citizens by descent, the children will likely be granted ILE (Indefinite Leave to Enter).

After they have lived with your wife and you in the UK for at least three years, they are entitled to register as British citizens under Section 3(5) of the British Nationality Act 1981. But the registration application (and thus the three years residence in the UK with both parents) must be made before their 18th birthday.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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